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october 1979

Supreme Court of India · 1979-10-30

G. M. SHAH vs STATE OF JAMMU & KASHMIR

Citation / case number
SC 1979/62765
Court
Supreme Court of India
Petitioner
G. M. SHAH
Respondent
STATE OF JAMMU & KASHMIR
Author
E.S. VENKATARAMIAH
Bench
E.S. VENKATARAMIAH

Judgment text excerpt

The Supreme Court held that the detention order against the petitioner was invalid as the grounds cited were vague and did not substantiate a threat to the security of the State under Article 21. The Court clarified that attempts to elicit public opinion against a death sentence do not constitute actions prejudicial to the security of the State. The judgment emphasized the distinct concepts of 'law and order', 'public order', and 'security of the State', and ruled that the detention was illegal due to insufficient grounds.

G. M. SHAH vs STATE OF JAMMU & KASHMIR · Niyam